Criminal Law Keyed to Johnson
State v. Ollens
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Ollens (Defendant) stabbed and killed William Tyler, a taxicab driver. Defendant was charged with aggravated first-degree murder. Prior to trial, Defendant moved to dismiss the charge, arguing that there was insufficient evidence to prove the necessary element of premeditation. Dr. Lacsina, the medical examiner, testified that Defendant struck Tyler from behind and that Tyler died from multiple stab wounds. The doctor stated that Tyler’s throat had been slit by more than one cut and that Tyler could have been alive for two to three minutes after infliction of the neck wound. There were also a number of defensive injuries, demonstrating that the two men struggled. The trial court concluded, based onState v. Bingham, 719 P.2d 109 (1986), that the use of a knife to inflict more than one injury, by itself, is not evidence of premeditation, but is only probative of a specific intent to kill. Based on this conclusion, the trial court dismissed the first-degree murder charge. The State appealed.
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